89. Disposition of records, books and papers; rules. 1. Notwithstanding any other provisions of law except as hereinafter provided, the chief administrator of the courts, with the advice and consent of the administrative board of the courts, shall adopt rules providing for the retention and disposition of records in all courts and agencies of the unified court system, including records of commissioners of jurors. Such rules shall provide, among other things, that, unless a permanent record by microphotography or other method of microimaging first is made and permanently retained, judgment rolls and other records, books and papers that affect the mental illness or the sanity or competency of any person shall be retained for at least fifty years; and that the judgment rolls and other records, books and papers that affect the marital rights or status or the custody or lineage of any person and judgment rolls regardless of their age that affect title to real property shall be retained permanently.
2. Notwithstanding any other provisions of law, the justices of the appellate division of the supreme court in each judicial department may on application of the district attorney of any county within its judicial department, direct, by order, that the district attorney destroy, sell or otherwise dispose of or cause to be destroyed, sold or otherwise disposed of any records, books or papers in the care, custody or control of the district attorney which are more than twenty-five years old and are no longer in current use, the retention of which in the opinion of the justices of the appellate division would serve no legal, practical or useful purpose, except permanent records of criminal cases, printed and bound volumes of cases on appeal and original indictments. The justices of the appellate division as a condition of such disposition may require the written consent of any state or local department or agency having an interest in such records, books or papers.
Last modified: February 3, 2019